ENVIRONMENT PROTECTION ACT 2019 - SECT 192L Definitions

ENVIRONMENT PROTECTION ACT 2019 - SECT 192L

In this Division:

"holding entity" means:

        (a)     for a body corporate (other than an Aboriginal and Torres Strait Islander corporation) – a holding company as defined in section 8 of the Corporations Act 2001 (Cth); and

        (b)     for an Aboriginal and Torres Strait Islander corporation – a holding body corporate as defined in section 700-1 of the CATSI Act.

"original landowner", see section 192U.

"prescribed Act" means an Act prescribed by regulation for this Division.

"prescribed approval" means:

        (a)     an environmental approval; or

        (b)     an authorisation, or a plan approved, under a prescribed Act that is prescribed by regulation for this Division.

"prescribed direction" means a direction, notice or order (however described) that:

        (a)     is made or issued under a prescribed Act; and

        (b)     either:

            (i)     relates to compliance with a prescribed approval under the prescribed Act; or

            (ii)     relates to compliance with, or provides for, a prescribed environmental duty under the prescribed Act; and

        (c)     is prescribed by regulation for this Division.

"prescribed environmental duty" means a duty, requirement or obligation under a prescribed Act that is prescribed by regulation for this Division.

relevant commencement means:

        (a)     except as provided under paragraph (b) – the commencement of section 8 of the Environment Protection Legislation Amendment (Chain of Responsibility) Act 2022 ; or

        (b)     in relation to the issue of, or a decision relating to the issue of, a prescribed direction to a related person of a high risk entity – the commencement of the regulation prescribing the prescribed direction.

relevant decision-maker means:

        (a)     in relation to an environment protection notice or environmental approval – the CEO; or

        (b)     in relation to a prescribed direction, prescribed approval or prescribed environmental duty under a prescribed Act – the Chief Executive Officer, office holder or statutory authority responsible for enforcing the prescribed direction, prescribed approval or prescribed environmental duty under the prescribed Act.